Madras High CourtCRL OP(MD)/1319/2025disposed of

Selvamani v. The Deputy Superintendent Of Police

2025-01-24Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Selvamani : Petitioner Vs.

1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.State of Tamil Nadu, The Inspector of Police, Somanathapuram, Sivagangai District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to withdraw the case in Crime No.52 of 2024 from the second respondent and transfer the same to other competent agency.

For Petitioner : Mr.S.Manojkumar For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

This petition has been filed by the defacto complainant to direct the first respondent to withdraw the case in Crime No.52 of 2024 from the second respondent and transfer the same to other competent agency. The 1/4

petitioner's contention is that though he has sustained grievous injuries, proper Sections were not included and investigation is not conducting as per procedure.

2. The learned Additional Public Prosecutor submitted that in this case, during enquiry, materials and medical records were collected and finding injuries are serious, Sections are altered into offences under Sections 191(2), 191(3), 296(b), 351(3), 49 and 118(2) of BNS Act and final report was filed listing 12 witnesses and materials by way of e-filing.

3. In view of the above, nothing survives for further adjudication in this petition. Accordingly, this Criminal Original Petition is disposed of with direction to the trial Court to take the charge sheet filed in Crime NO. 52 of 2024 on file without any further delay and proceed to complete the trial within six months.

24.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk 2/4

To 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.The Inspector of Police, Somanathapuram, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

Rmk 24.01.2025 4/4